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Resourceful Murfreesboro Divorce Attorney Strategically Handles Same-Sex Divorce in Tennessee

Same-sex divorce can present complications we can overcome 

Now that the U.S. Supreme has spoken on the legality of same-sex marriages, state courts must deal with the challenges presented by the unique legal issues presented when a same-sex couple pursues a divorce. Murfreesboro divorce attorney David L. Scott has the experience as a seasoned divorce attorney, along with innovative skills required for resolving the unique legal issues associated with same-sex divorce cases.

Resolving complex legal issues unique to same sex divorce 

Many same-sex couples that were prohibited from entering into a marriage opted for a domestic partnership or other method of partnership to overcome the inability to be married under state law. This and other circumstances create legal issues for same-sex couples that other married couples might not experience. Some of these issues include the following: 

Marital and Separate Property: Generally, property acquired by one of the parties prior to a marriage is looked upon as separate property in a divorce. If a couple was in a pre-marriage domestic partnership when the property was acquired, should it be treated as a marital asset?


Contractual Agreements Made Prior To Marriage: Same-sex couples may have entered into written agreements memorializing their relationship while living together before same-sex marriages were legally binding. How courts will treat such contracts is a legal challenge that our savvy divorce attorney is prepared to take on.


Child Custody and Parenting: Same-sex divorce disputes involving a couple’s minor children present thorny issues that normally do not arise in other types of divorces where the spouses are the biological parents. Unless there has been an adoption proceeding, complex legal issues arise in a custody dispute involving a non-biological parent. Rules pertaining to a presumption of legitimacy for a child born to a married couple may or may not apply to same-sex couples.
 

Innovative and creative legal representation  

Our hardworking and compassionate Murfreesboro divorce attorney recognizes the importance of anticipating the challenges you face in a divorce. The ability to recognize challenges and plan ways to resolve them is important in any divorce, but the uncertainty about how the divorce laws will be applied to the termination of same-sex marriages makes it a crucial trait for an attorney handling a same-sex divorce.  

For instance, we know children can easily become pawns in the process, used by the biological parent against a spouse who did not adopt them. If you are in such a position, you want an attorney representing you whose knowledge of the Tennessee divorce and custody laws is such that he can design a strategy to neutralize any advantage perceived by the biological parent. One way of doing this is by presenting evidence to establish the relationship developed by the non-biological parent with the children.

A tough, hardworking same-sex divorce attorney helps you through difficult times 

Murfreesboro divorce attorney David L. Scott approaches each divorce and family law case with the goal of achieving the best possible outcome for individuals and families. The challenges presented by the uncertainty of how courts will rule on legal issues inherent to same-sex divorces does not alter our relentless pursuit of a successful outcome. Putting an end to the uncertainty and emotional pain which frequently accompanies the decision to end a marriage begins with a telephone call to our office to schedule a free initial consultation. You can reach us at 615-896-7656, or you may contact us online.

 

 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

Map and Directions

 

4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

Map and Directions


 

Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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